The service contract or work arrangement must contemplate that the worker does a substantial
portion of the work. The worker does not have authority to delegate a substantial
part of the work covered by the service contract in the designated occupation to any
other person. However, where the contract contemplates that the salesperson do all
the work personally and the alleged employer does not agree to delegate part of this
work to another, the fact that the salesperson does so would not preclude coverage
under this section.
The important thing is not whether the worker delegates part of the work to another,
but rather whether the worker has the authority under the contract to do so. The mutual
intent of the parties governs.
Sometimes, a worker delegates part of the work to another when the contract or work
agreement expressly forbids it, or the contract contemplates a delegation of part
of the work and the worker performs all of the services alone. In such cases, determine
whether the worker is violating the service contract, or whether the contract permits
the worker to act accordingly.
A contract that contemplates hiring a chauffeur would not affect the personal service
requirement because the chauffeur’s services are incidental to the selling activity.
Similarly, the right to hire a substitute or assistant occasionally would not preclude
compliance with this provision.